Medical Terms of Service
Last Updated: 3/16/26
These Medical Terms of Service (these “Medical Terms”) govern your use of the Medical Services, as defined in the Wisp Terms of Service (“Terms of Service”). By accessing or using the Medical Services, you agree to these Medical Terms and understand that this is a legally binding contract between you and the Practices (as defined below) regarding your access to and use of the Medical Services. Capitalized terms not expressly defined herein are as defined in the Terms of Service. Please note that your use of Wisp’s digital platform is also subject to the Terms of Service and Privacy Policy. In the event of a conflict between the Terms of Service and these Medical Terms, these Medical Terms shall control to the extent such conflict relates to the provision of Medical Services by the Practices; otherwise, to the extent these Medical Terms are silent on any matters, the terms in the Terms of Service shall apply.
Wisp, Inc. (“Wisp”) is affiliated with medical professional entities Third Party List (the “Practices”, “we” or “us”). Wisp provides management, administrative, technology services and other certain non-medical services to the Practices. The Practices employ or contract with appropriately licensed health care providers (the “Providers”) to provide the Medical Services.
DO NOT USE THE MEDICAL SERVICES, INCLUDING THE TELEHEALTH SERVICES, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE-THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
1 Consent to Treatment and Health Privacy. By using the Medical Services, you consent to treatment, care, diagnosis and the provision of Medical Services by the Providers, as described in our Consent to Telehealth Services. You can withdraw consent to treatment at any time by no longer seeking Medical Services from the Practices. Please refer to our Wisp Privacy Policy to learn how the Policy collects, uses, shares and protects your Health Information.
2 Eligibility. By agreeing to these Medical Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you are located in the United States; (c) you have not previously been suspended or removed from the Medical Services; and (d) your registration and your use of the Medical Services is in compliance with any and all applicable laws and regulations.
3 Medical Services and Products. 3.1 Consultations. In order to access the Medical Services, you must complete a patient intake form (the “Initial Patient Intake Form”) to answer questions about your medical history so that the Providers may identify suitable treatment options. Based on your responses to the Initial Patient Intake Form, you may receive and must complete an asynchronous, interactive, product-specific patient intake form that adapts based on your inputs, triggering branching logic and clarifying questions (the “Secondary Patient Intake Form ”). Once both patient intake forms have been completed, a Provider will review your medical history and patient intake form responses to determine suitable treatment options, if any (together with the Initial Patient Intake Form and the Secondary Patient Intake Form, a “Consultation”). For patients located in certain states, where required by law or requested, the Consultation also includes a synchronous live video encounter with a Provider to complete your medical examination.
3.2 Prescription Products. Certain Products available through the Service require a valid prescription from a Provider (“Prescription Product”). You will not be able to purchase a Prescription Product from the Service unless you have: (i) agreed to these Medical Terms, the Terms of Service, our Telehealth Services Consent, and our Privacy Policy; (ii) completed a Consultation with a Provider; (iii) such Provider determined the Prescription Product is appropriate for you; and (iv) such Provider wrote a prescription for the Prescription Product. The Terms of Service describe how Prescription Products are fulfilled at pharmacies.
3.3 Prescription Product Renewals. A follow-up visit with a Provider, which may involve synchronous or asynchronous encounters, may be required prior to the renewal of any Prescription Product.
3.4 Laboratory Products. Wisp may allow you to purchase at-home sample collection kits and phlebotomy services, and related laboratory services (“Laboratory Products”). The Laboratory Products are provided by third parties that provide diagnostic and testing services (“Labs”) and Wisp only facilitates the provision of such Laboratory Products. The Terms of Service describe the purchase, shipping, and delivery of Laboratory Products, the collection of specimens, and Lab results. Depending on your test results, a Provider may attempt to contact you to discuss your results and possible treatment options. You should seek the advice of a qualified healthcare provider with any questions you may have regarding your results or any other medical or health condition. Such healthcare providers may require further testing to diagnose or treat you. You acknowledge that lab testing has inherent limitations, and that Labs may not identify any or all conditions or risks.
3.5 Acknowledgements. The Providers may, in their sole professional judgment, determine that you are not an appropriate candidate for treatment and are not obligated to provide care or issue a prescription, and no prescription is guaranteed. You acknowledge that you are responsible for reviewing all information provided regarding any recommended medication, confirming that you have no allergies, contraindications, or conditions that would make the medication unsafe for you, following all treatment instructions, and using medications only as prescribed. The Practices do not prescribe controlled substances and controlled substances aren’t available through the Wisp platform. You further agree to provide complete, accurate, and truthful information to the Providers, including your medical history, symptoms, medications, and allergies, and understand that omissions or inaccuracies may affect the safety or appropriateness of care. You agree to keep your medical information up to date at all times. Medical Services are provided on an episodic, limited basis and are not intended to replace comprehensive primary care, ongoing disease management, or emergency services; Provider response times may vary and are not guaranteed, and the Medical Services must not be used for urgent or emergency medical needs, for which you should call 911 or seek immediate in-person care. By using the Medical Services, you acknowledge that you are responsible for informing your regular healthcare providers about any visits, recommendations, or prescriptions you receive through Wisp and the Practices.
4 General Payment Terms. 4.1 Prices & Fees. The Practices reserve the right to determine pricing for the Medical Services. Fees for the Medical Services will be specified in the relevant product page, if applicable. The price charged for the Medical Services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices, discounts, and promotions posted on the Service are subject to change without notice. The Practices will make reasonable efforts to keep published pricing information up to date. The Practices, in their sole discretion, may make promotional offers with different features and different pricing to any of the Practices’ customers. These promotional offers, unless made to you, will not apply to your offer or these Medical Terms. General payment terms are set out in the Terms of Service. The Medical Services are not insurance products. The Medical Services are not health insurance or a substitute for health insurance.
4.2 Authorization. You agree to pay the Practices or Wisp, on behalf of the Practices, all applicable charges for the Medical Services and you hereby authorize the Practices or Wisp to charge the payment method you provide (which may be processed by one or more third-party payment processors). If you pay any fees with a credit card, then the Practices, Wisp, or their third-party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. The third-party services provider who manages your payment method and the third-party payment processors who process your payment may impose terms and conditions on you, which are independent of these Medical Terms, and you agree to comply with all of those terms.
4.3 Your Financial Responsibility. You understand and agree that any outstanding balance for Medical Services rendered by the Practices and/or Providers is your financial responsibility. The Providers do not participate in or accept any health insurance plans, and all Medical Services are offered on a private-pay basis only. The fee for a medical visit will be disclosed to you in advance of the visit.
4.4 Cancellation Fee. You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours notice, we may charge you a fee for a missed/late cancelled appointment
5 Updates to the Medical Terms and Consent to Electronic Communications.
5.1 We may, from time to time, change these Medical Terms. Please check these Medical Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Medical Terms in order to continue to access and use the Medical Services. If you do not agree to the modified Medical Terms, then you should discontinue your use of the Medical Services. Except as expressly permitted in this Section 5.1, these Medical Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Medical Terms.
5.2 By using the Medical Services, you agree that you may receive the following by email, text message or by a Secure message from a team member of Wisp or the Practices: legal disclosures; these Medical Terms; Privacy Policy; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services.
6 Term and Termination.
6.1 Term. These Medical Terms are effective beginning when you accept the Medical Terms or first access or use the Medical Services and end when terminated as described in Section 6.2 (Termination).
6.2 Termination. If you violate any provision of these Medical Terms, then your authorization to access the Medical Services and these Medical Terms automatically terminates. In addition, the Practices may, in our sole discretion, terminate these Medical Terms, or suspend or terminate your access to the Medical Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Medical Terms at any time by contacting customer service at support@hellowisp.com.
6.3 Effect of Termination. Upon termination of these Medical Terms: (a) you will no longer be authorized to access or use the Medical Services; (b) you must pay the Practices any unpaid amount that was due prior to termination; and (c) all payment obligations accrued prior to termination and Sections 6.3 (Effect of Termination), 7 (Disclaimers), 8 (Limitation of Liability), and 9 (Miscellaneous) will survive.
7 Disclaimers.
7.1 THE MEDICAL SERVICES MAY INVOLVE SENSITIVE AND DIFFICULT DISCUSSIONS. IF AT ANY POINT YOU EXPERIENCE SIGNIFICANT DISTRESS OR HAVE THOUGHTS OF HARMING YOURSELF OR OTHERS, YOU AGREE TO NOTIFY YOUR PROVIDER SO THAT AN APPROPRIATE LEVEL OF SUPPORT CAN BE PROVIDED. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR VISIT YOUR NEAREST EMERGENCY ROOM.
7.2 THE MEDICAL SERVICES ARE INTENDED FOR USE ONLY WITHIN THE STATES OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA THAT THE PRACTICES SERVE. THE PRACTICES MAKE NO REPRESENTATION THAT THE MEDICAL SERVICES ARE APPROPRIATE ELSEWHERE, AND ANYONE WHO CHOOSES TO ACCESS OR USE THE MEDICAL SERVICES FROM OUTSIDE OF THE SERVICE STATES DOES SO SOLELY AT THEIR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
7.3 THE MEDICAL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE PRACTICES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE MEDICAL SERVICES.
7.4 WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM (a) THIRD-PARTY PRODUCTS AND SERVICES; (b) YOUR ABILITY OR INABILITY TO OBTAIN A PRESCRIPTION FOR A PRESCRIPTION PRODUCT; (c) THE RESULTS OF ANY LABORATORY PRODUCT, INCLUDING YOUR USE OF OR RELIANCE ON SUCH RESULTS; (d) YOUR USE OF THE MEDICAL SERVICES OR PRODUCTS AND SERVICES PROVIDED BY LABS, THIRD-PARTY PROVIDERS OR PHARMACIES; AND (e) YOUR DEALING WITH ANY THIRD-PARTY PROVIDER OR ANY OTHER USER OF THE MEDICAL SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE MEDICAL SERVICES AT YOUR OWN DISCRETION AND RISK.
7.5 YOU ACKNOWLEDGE AND AGREE THAT THE PRACTICES DO NOT MANUFACTURE THE PRODUCTS OFFERED THROUGH THE MEDICAL SERVICES. THE AVAILABILITY OF PRODUCTS THROUGH THE MEDICAL SERVICES DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY PRODUCT, SERVICE, OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED THROUGH OUR MEDICAL SERVICE.
7.6 FOR CALIFORNIA PATIENTS, THE STATE OF CALIFORNIA REQUIRES THAT PHYSICIANS IN CALIFORNIA SHARE NOTICE OF THE OPEN PAYMENTS DATABASE. THE OPEN PAYMENTS DATABASE IS A FEDERAL TOOL USED TO SEARCH PAYMENTS MADE BY DRUG AND DEVICE COMPANIES TO PHYSICIANS AND TEACHING HOSPITALS. IT CAN BE FOUND AT https://openpaymentsdata.cms.gov/.
7.7 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Practices do not disclaim any warranty or other right that the Practices are prohibited from disclaiming under applicable law.
8 Limitation of Liability.
8.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PRACTICES OR PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE MEDICAL SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE IN CONNECTION WITH THE MEDICAL SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PRACTICE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
8.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PRACTICES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE MEDICAL SERVICES OR OTHERWISE UNDER THESE MEDICAL TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE DIRECTLY PAID FOR ACCESS TO AND USE OF THE MEDICAL SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
8.3 EACH PROVISION OF THESE MEDICAL TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE MEDICAL TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE MEDICAL TERMS. THE LIMITATIONS IN THIS SECTION (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.4 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Practices do not disclaim any warranty or other right that the Practices are prohibited from disclaiming under applicable law.
9 Miscellaneous.
9.1 General Terms. These Medical Terms, including the Privacy Policy, Terms of Service, and any other agreements expressly incorporated by reference into these Medical Terms, are the entire and exclusive understanding and agreement between you and the Practices regarding your use of the Medical Services. You may not assign or transfer these Medical Terms or your rights under these Medical Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Medical Terms and all rights granted under these Medical Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Medical Terms, or any provision of these Medical Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Medical Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Medical Terms the use of the word “including” means “including but not limited to.” If any part of these Medical Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
9.2 Governing Law. These Medical Terms are governed by the laws of the State of California without regard to conflict of law principles. You and the Practices submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California, for resolution of any lawsuit or court proceeding permitted under these Medical Terms.
9.3 Privacy Policy. Please read the Wisp Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information in connection with the Medical Services. The Wisp Privacy Policy is incorporated by this reference into, and made a part of, these Medical Terms.
9.4 Additional Terms. Your use of the Medical Services is subject to all additional terms, policies, rules, or guidelines applicable to the Medical Services or certain features of the Medical Services that we may post on or link to from the Medical Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Medical Terms.
9.5 No Third Party Beneficiaries. These Medical Terms are for the sole benefit of the parties hereto and, in the case of the Practices, their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Medical Terms.
9.6 Consent to Electronic Communications. By using the Medical Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
9.7 Contact Information. You may contact us for general and technical support by emailing us at support@hellowisp.com. If you have medical questions, please contact your Provider using the Secure Message portal in your Wisp account. Provider responses are not guaranteed within any specific timeframe. If your medical question requires immediate attention, you should seek care from another qualified healthcare professional.
9.8 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Medical Services or to receive further information regarding use of the Medical Services.